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QuantWise Trading shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold liable for, any technical problems, system failures and malfunctions, “bugs” , communication line failures, equipment or software failures and malfunctions, and other similar problems or defects related to the Licensed Software or any problems or defects with the customer’s computer. The Licensed Software is provided “as is,” and QuantWise disclaims and Customer hereby expressly waives, all warranties, express or implied, including any warranties or guarantees with respect to the Licensed Software, including without limitation, warranties of merchantability or fitness for a particular purpose. QuantWise shall not be liable to Customer or any third parties for any loss, cost, damage or other injury, (including but not limited to consequential, exemplary, special, indirect, incidental or punitive damages relative to loss of data, loss of use of any equipment or goods, network downtime costs, or for loss of profit or revenues arising there from) whether in contract or tort arising out of or caused in whole or in part by Customer’s use of or reliance on the Licensed Software or its content even if QuantWise is advised of the possibility of such damage. Customer understands and acknowledges that there is substantial risk in trading securities, commodities, futures, options and other instruments with or without the Licensed Software, and that past results are not necessarily indicative of future results or performance. QuantWise makes no representations concerning the suitability of the Licensed Software for use by Customer. Customer should determine for himself or herself whether, and to what extent, the use of the Licensed Software is suitable for Customer. Customer will hold harmless and indemnify VENDOR and its officers, directors, employees and agents, from and against any and all losses, costs, damages and liabilities, including reasonable attorneys’ fees, resulting directly or indirectly from the use of the Licensed Software by Customer or Customer’s agents, including any claims brought against QuantWise that arise out of or relate to the use of the Licensed Software by Customer, or Customer’s agents.